August 2013 Pilot Discussion

[Claxon]

" American eventually arbitrated before Arbitrator Kasher. The arbitration award provided that: (1) at certain TWA hubs, TWA employees were permitted to exercise their full TWA seniority, (2) at a city/station where TWA's ASM contribution was less than 10 percent compared to combined TWA and American ASMs, TWA employees will be awarded 25 percent of their seniority, and (3) for all others, TWA employees would receive an April 10, 2001 seniority date."

"The legislation, known as the McCaskill-Bond statute, was signed into law in December 2007 and is codified at 49 U.S.C. § 42112."

america west pilots were merged with US Airways before December 2007, they legally do not have a chair in future seniority talks.

http://www.mondaq.com/unitedstates/x/164186/Aviation/Seniority+Integration+And+The+MccaskillBond+Statute

 

[snapthis]

JOHN OWENS - Cross excerpts

BY MS. AXEL:​

Q. You understand that it's USAPA's position that the MOU,​

and specifically this provision, waives the obligation in the 2005 Transition Agreement to use the Nicolau Award; correct?

A. I do not.​

Q. You don't have that understanding?​

A. I do not understand that.​

Q. Okay.​

A. I'm not sure I understand the question. Are you asking me​

if USAPA has stated this?​

Q. My question is, the waiver of the change of control was

explicit, clear, everybody got it. The waiver of the Nicolau​

Award, which this alleges to be, it's not clear. I mean,​

you're telling me that you don't even understand that; correct?​

MR. SILVERMAN: Objection. Foundation,​

argumentative.​

THE COURT: Overruled

THE WITNESS: It doesn't address the Nicolau Award​

either way.​

BY MS. AXEL:​

Q. Correct. And you told me at your deposition that it was​

neutral; right?​

A. Correct.​

Q. And you also told me at your deposition that, in fact, the

entire McCaskill-Bond provision was neutral; correct?​

A. Correct.​

Q. And you told me at your deposition that the West Pilots​

would participate in the McCaskill-Bond process, correct, under entire McCaskill-Bond provision was neutral; correct?

A. Correct.​

Q. And you told me at your deposition that the West Pilots​

would participate in the McCaskill-Bond process, correct, under the language in this agreement?

A. I really feel more comfortable if you could show me what​

we're specifically talking about at this point.​

Q. I'm asking you your recollection. Do you remember telling​

me that?​

A. I do not.​

Q. Okay. Do you remember telling me that this provision​

doesn't preclude the use of Nicolau Award at the McCaskill-Bond​

arbitration?​

A. Yes.​

Q. And do you remember telling me that it was for the merger​

counsel to decide who was going to participate and what list​

was going to be used; correct?

A. Restate the question one more time, please.​

Q. You told me at your deposition that it was for the Merger​

Committee to decide who was going to participate and what list was going to be used; correct?​

A. The Merger Committee handles all seniority matters, not​

the NAC, correct.​

Q. Okay. Correct

And your reading of this document was that it did not​

preclude the Nicolau Award; correct?​

MR. SILVERMAN: Objection. Asked. Argumentative.​

THE COURT: Sustained.

MS. AXEL: Davina, can we put up Exhibit 78? I'm​

sorry, 96.​

BY MS. AXEL:​

Q. Did the NAC put out an update about the Nicolau Award with respect to the MOU?​

A. No, we did not.​

Q. Did the NAC put out any materials whatsoever about the​

Nicolau Award being waived by the MOU?​

A. No, we did not.​

 

[snapthis]

Q. Did the NAC put out any materials whatsoever about the
Nicolau Award being waived by the MOU?
A. No, we did not


Why was this info excluded?

 

[Claxon]

" American eventually arbitrated before Arbitrator Kasher. The arbitration award provided that: (1) at certain TWA hubs, TWA employees were permitted to exercise their full TWA seniority, (2) at a city/station where TWA's ASM contribution was less than 10 percent compared to combined TWA and American ASMs, TWA employees will be awarded 25 percent of their seniority, and (3) for all others, TWA employees would receive an April 10, 2001 seniority date."

"The legislation, known as the McCaskill-Bond statute, was signed into law in December 2007 and is codified at 49 U.S.C. § 42112."

america west pilots were merged with US Airways before December 2007, they legally do not have a chair in future seniority talks.

http://www.mondaq.co...illBond Statute

Interesting.

 

[EastUS1]

We've both our notions of the other group's worth, or lack thereof. Mine are reasonably based on direct observations, not hyperbole or pure, "spartan" BS.

PS: Despite his being derided by some coworkers; the fellow that once showed up on "news" in a raincoat, and asked of mgmt not to "p--s down my back and tell me it's raining", I rather liked, as indelicate as his presentation was and all east-west BS aside. 😉

 

[snapthis]

October 24, 2013

Leonidas Update

Yesterday, October 23, the trial portion of the Addington II case concluded after two days of proceedings in front of Judge Roslyn O. Silver. The crux of the matter centered around two questions:

1. Did USAPA violate its Duty of Fair Representation (DFR) to the West pilot Class by agreeing to an MOU that it now asserts “wiped the slate clean” with respect to East/West seniority integration in the pending merger with American Airlines and gives USAPA the right to proceed by majority rule, without regard to the 2005 Transition Agreement or the Nicolau Award?

2. Is USAPA capable of fairly representing the West pilot Class during the seniority list integration process with the APA? And if not, are the West Pilots entitled to their own representation in the seniority integration process with APA?

The West Pilots presented testimony of six live witnesses: Jeff Koontz, Ken Holmes, John Scherff, Brian Stockdell, Johan Devicq and AC Iranpour. Plaintiffs also presented additional testimony by USAPA Vice-President Bradford through video-taped testimony taken in September.

Four live witnesses testified on behalf of USAPA: Dean Colello, John Owens, Jess Pauley and Bob Davison. Due to his medical condition, USAPA President Hummel was not able to participate as a witness, either in person or by video/phone. Judge Silver ordered the two parties to discuss the possibility of submitting any testimony by President Hummel, beyond what is already in his September deposition and submit any such mutually agreed upon evidence to the Court by Friday. US Airways did not provide any witnesses or examine any of the witnesses offered by the West Pilots or USAPA.

After the evidence had been presented, Judge Silver indicated that she would order an expedited briefing schedule with respect to the Motion for Summary Judgment filed by US Airways, Doc. 212, and perhaps also with respect to USAPA’s Motion for Summary Judgment, Doc. 211. We expect her to issue an official order on this matter very shortly.

Today, both the West Pilots and USAPA filed notices with the Court indicating which deposition transcripts and the portions of those transcripts should be considered as part of the record. In their notice, Plaintiffs also indicated that all of the exhibits marked should be considered part of the formal record. These documents can be found here: Doc. 247, 248.

Finally, Judge Silver has also ordered the parties to submit a summary of the evidence to establish their positions, no later than October 31, 2013 with the response to those briefs due no later than November 6, 2013. The summaries are limited to fifteen pages in length and the responses are limited to 10 pages. This order can be found here: Doc. 244.

Once these additional briefings are filed, Judge Silver can issue her decision in this matter at any time. Unfortunately, there is no set time frame for her to reach a decision.

All documents in regard to this case, including the Court Transcripts and Depositions not marked confidential are available on the cactuspilot.com website.

It has been a long 6 years since Arbitrator Nicolau issued his Arbitration Award. Now that this case is in its final stages, we are hopeful that it will provide for a final resolution so that all US Airways can look forward to the end of years of litigation and set their sights on creating a better future for all of us at the New American Airlines.

As always, thank you for your support.

Leonidas, LLC

 

[EastUS1]

Q. Did the NAC put out any materials whatsoever about the
Nicolau Award being waived by the MOU?
A. No, we did not


Why was this info excluded?

Wow! Seriously? Oh well. That is perhaps the most compelling argument yet advanced on the west's behalf. = Zero responsibility, by way of wholesale, "spartan" illiteracy! 😉 "Well's ma'am...yazz honah...we'se jess' dint much knows what wezz wuz rilly votin' fer, all 98 pursenze uf uzz...cuzz we'se jess' caints reads nuun tooo guds."...?

Fade to courtroom: If it please the court; my clients are all drooling infants, or hopeless, congenital idiots, and are all utterly incapable of reading, much less understanding any contractual collections of printed words. They aren't people who've ever read and signed ANY contracts, ever, and properly should have had their hands held throughout the MOU acceptance process, with their fingers gently traced over every single word of the document, as each and every word was slowly read aloud!...Many times, if required for their full comprehension!

Whew! I recall the infamous "Twinkie Defense" in the murder trial against Harvey Milk's killer, but you're opening up fresh and fertile fields with what must be properly termed the "Village Idiot's Defense" or perhaps just "Village of Idiots' Defense". You pick. 😉

Thanks. When I'm done laughing...I'll then fall asleep with a proper smile. You just can't make that sort of stuff up. 🙂

 

[Phoenix]

SCOTUS? It has not even reached the 9th. Please reference the SCOTUS standard of DFR in particular as it relates to your question.

You are acting like an idiot. Stop already. 😀

Marty is being paid to prove a breach of DFR. HE should at least reference the SCOTUS standard of DFR if he aims to persuade a lesser court that a DFR breach has occurred. .... Never mind. Double your donations to Marty and go back to sleep.

 

[mrbreeze]

I think she gets the bigger picture, RR.

I am not so sure that she does in this case. Most pilots have 2 regular doctors in their lives, an AME and a family doctor. If that pilot has a good, trusting relationship with the AME, the pilot is able to talk to the AME about all kinds of health situations that may arise without having to fear that he may jeopardize his medical, along with being able to get the guidance he needs to meet FAA regs. In a good relationship like that, and if the pilot stays fairly healthy, he may see the AME much more often than he would see the family doctor, and have a closer trust. Now...that's just considering a family doctor that he might see once a year for an annual physical (not the FAA type). Consider now, the pilot would probably see a heart surgeon much less than that, along with the fact that the surgeon is probably not a versed in FAA regs. I have not met Dr. Lambrou, but know that many pilots in Pittsburgh were under his care for years and he is an AME that you can trust. So, bottom line, Dr. Lambrou has probably been the pilot's main care giver over the years, an expert in that pilot's particular situation. breeze

 

[nycbusdriver]

I am well read. The evidence clearly points to Kirby and his gang as primary architects of 10h. The evidence also points clearly to the fact the West Class was aware all the language implications and voted "yes" anyway. Holmes claims a last minute revelation, but has no explanation for dead silence. Not good to be "Holmes" going foward. I feel his pain. Look, Silver is going to find a way to find favor in the West Class to please Siegel. Our real case will be heard in the Ninth. I am not predicting a win is Silver's courtroom for USAPA. RR

Given the history of the parties involved, one would think that Judge Silver would want to meticulously follow the law. Each party is spring-loaded to go to the 9th Circuit; she must realize that it is a given that the Appeals Court will review whatever she rules. Her decision must come down firmly within the law and precedent if she hopes to avoid a spanking. Judge Silver should give up any hope that the 9th Circuit will not get a turn at this case and that her decision will just automatically be accepted as final.

 

[Res Judicata]

If Parker is serious about wanting a seat at the table for the West Class, he needs to come to the table with USAPA and work out an agreement. To be frank, it would need to have enough economic incentive to the East pilots to make them vote for such a change, as would be required. The Company, by outright theft, just took 80-90M from the East pilots by not paying them their 3% raises. I understand that action was ruled "legal" by our arbitration system, but a windfall none the less. Money talks. RR

The company has to pay you handsomely to NOT violate yr legal requirement to DFR?!

HA!!!! Right. Sounds like you wannabe terrorists have a list of demands. F.U.!! You'll sit there in the corner with your mouth shut until you hear otherwise. Nobody needs to ask you scabs for permission of any kind. You're a bunch of delusional, neutered, impotent failed bullies that are a laughing stock. You're pathetic and worthless. LOL!!!!...hysterical how you believe anybody gives a rats ass what you scabs want.

 

[Res Judicata]

What part of "Hummel is on pain meds" does Silver not get? A doctor's note to testify on narcotics? Really? She is going to rule in the West Class favor anyway, so what if she had her feathers ruffled over someone having open heart surgery a week ago and not being able to present cognitive testimony. I think it reflected poorly on her basic judgment, but she was just making sure we knew who was boss. I remain unimpressed. RR

Hummers deposition is crystal clear. He claims to know NOTHING about ANYTHING. Obviously he's lying under oath...something I would fully expect from you impotent parasites. Best to keep his perjury at a minimum. He's much better off hiding at home and STFU.

 

[end_of_alpa]

I am well read. The evidence clearly points to Kirby and his gang as primary architects of 10h. The evidence also points clearly to the fact the West Class was aware all the language implications and voted "yes" anyway. Holmes claims a last minute revelation, but has no explanation for dead silence. Not good to be "Holmes" going foward. I feel his pain. Look, Silver is going to find a way to find favor in the West Class to please Siegel. Our real case will be heard in the Ninth. I am not predicting a win is Silver's courtroom for USAPA. RR

If you don't agree with anything a west pilot says you're NOT well read. Snap and Res are proof positive that the only words that describe you're position is "scab" and GFYS.

 

[end_of_alpa]

The company has to pay you handsomely to NOT violate yr legal requirement to DFR?!

HA!!!! Right. Sounds like you wannabe terrorists have a list of demands. F.U.!! You'll sit there in the corner with your mouth shut until you hear otherwise. Nobody needs to ask you scabs for permission of any kind. You're a bunch of delusional, neutered, impotent failed bullies that are a laughing stock. You're pathetic and worthless. LOL!!!!...hysterical how you believe anybody gives a rats ass what you scabs want.

I rest my case.

 

[Reed Richards]

The company has to pay you handsomely to NOT violate yr legal requirement to DFR?!

HA!!!! Right. Sounds like you wannabe terrorists have a list of demands. F.U.!! You'll sit there in the corner with your mouth shut until you hear otherwise. Nobody needs to ask you scabs for permission of any kind. You're a bunch of delusional, neutered, impotent failed bullies that are a laughing stock. You're pathetic and worthless. LOL!!!!...hysterical how you believe anybody gives a rats ass what you scabs want.

You are mistaken. Maybe you are not even telling the truth. There is an FBI test for that. There is absolutely nothing we "want" in regards to the West Class. We are not suing. It seems you have wasted a lot of time and moneys trying to get something you have continually been told you simply will never get. Have a great day! RR